Legal Question in Family Law in

Hey,

I have been separated from my husband for 4 years now but we are not legally divorced.

I would like to know what I should do to initiate a legal separation.

I would also need to apply for a certain amount of financial support, post separation.

Please let me know how to go about it.

Thanks,

Regards.

Bidisha


Asked on 8/28/10, 1:18 pm

3 Answers from Attorneys

Vishwa Arya Arya & Co.

Dear Bidisha Jee:

It would depend whether you want just Judicial Seperation or Divorce. Secondly you have not mentioned whether you left the matrimonial home on your own or you were forced to get out of the matrimonial home or what are the circumstances causing seperation. It is these fact which will guide one whether you need to go for divorce on the grounds of desertion or cruelty.

You will be able to file for maintainence with your petition for divorce. In fact, if you want simply maintainance you may file for it under 125 Cr PC or compensation under Domestic Violence Act.

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Answered on 8/28/10, 7:53 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it better if you talk it out with your husband and settle the matter amicably instead of going for litigation. in case there is plain refusal to support you, you may opt for law

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Answered on 8/28/10, 11:19 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree with the advice of Mr. Arya.

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Answered on 9/03/10, 5:14 am


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